In the construction of this chapter, the rules and definitions contained in this chapter shall be observed and applied, except when the context clearly indicates otherwise. In further amplification and for clarity of interpretation of the context, the following definitions of word use shall apply:

(1)

Terms used in the present tense shall include the future and words used in the singular number shall include the plural number and the plural the singular.

(2)

The term "shall" is mandatory and not discretionary.

(3)

The term "may" is permissive.

(4)

The term "lot" includes the terms "piece," "parcel," and "plots"; the term "building" includes all other structures of every kind regardless of similarity to buildings and the phrase "used for" includes the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."

(5)

All measured distances shall be to the nearest foot. If a fraction is one-half foot or more, the full number next above shall be taken.

(6)

Words contained in this chapter and not defined herein after shall assume definitions as prescribed in Webster's Unabridged Dictionary (1976 Edition).

(Code 1976, § 18.20.010)

A Zones means those areas shown on the official floodplain zoning map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.

(Code 1976, § 18.20.020)

Accessory building means a building which is incidental and subordinate to the principal building, serves the principal building exclusively and located on the same lot with such principal building. An accessory building shall not exceed 120 square feet in area.

(Code 1976, § 18.20.030)

Accessory use means a use which is incidental to the principal use and serves the principal use exclusively.

(Code 1976, § 18.20.031)

Adult entertainment or oriented establishment means the establishment or business described, regulated and licensed in Chapter 4, as from time to time amended or renumbered.

(Code 1976, § 18.20.033)

Adult family home means a private residence or other facility, defined under Wis. Stats. § 50.01(1), within which care, maintenance, treatment and/or services above the level of room and board, but not including nursing care, are provided, and the number of adults in residence receiving services is generally limited to three or four.

(Code 1976, § 18.20.034)

Alteration means any change to one or more of the exterior architectural features of an improvement, including, but not limited to, the erection, construction, reconstruction or moving of any such improvement.

(Code 1976, § 18.20.040)

Awning means a fixed or retractable roof like cover which projects from the wall of a building and is used as a sunshade or rain shelter.

(Code 1976, § 18.20.050)

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year, as published by the federal emergency management agency (FEMA) as part of a flood insurance study (FIS) and depicted on a flood insurance rate map (FIRM).

(Code 1976, § 18.20.060)

Base flood elevation means an elevation equal to that which reflects the height of the base flood as defined.

(Code 1976, § 18.20.010)

Bay means an area within the building intended for or usable as a location to service, repair or wash a car. Each area large enough to accommodate one car shall be considered as one bay.

(Code 1976, § 18.20.070)

Bed and breakfast establishment means an owner-occupied single-family residence containing lodging rooms for rent and providing limited meal service to only the permanent residents of the site and occupants of the lodging rooms.

(Code 1976, § 18.20.084)

For a definition of the term "beer garden," see Outdoor cafe.

(Code 1976, § 18.20.085)

Boathouse as defined in Wis. Stats. § 30.121(1), means a permanent structure used for the storage of watercraft and associated materials and includes all structures which are totally enclosed, have roofs or walls or any combination of structural parts.

(Code 1976, § 18.20.088)

Brewpub means a restaurant that holds a Class B liquor license and is licensed by the State of Wisconsin to manufacture not more than 10,000 barrels of fermented malt beverages annually or as otherwise amended from time to time by the state.

(Code 1976, § 18.20.089)

Building means any structure built for the support, shelter, or enclosure of persons, chattels, or movable property of any kind and which is permanently affixed to the land but shall not include fences.

(Code 1976, § 18.20.090)

Building Division Director means the person designated by the City Manager to enforce and administer this Code or his or her duly authorized representative.

(Code 1976, § 18.20.100)

Bulkhead line means a geographic line along a reach of a navigable body of water that has been adopted by a municipal ordinance and approved by the Department of Natural Resources pursuant to Wis. Stats. § 30.11, and which allows limited filling on the landward side except where such filling is prohibited by the floodway provisions of this article.

(Code 1976, § 18.20.110)

Carwash means a building or portion thereof containing facilities for washing automobiles by using production line methods or partial hand washing.

(Code 1976, § 18.20.120)

Certificate of appropriateness means a statement containing the signature of the secretary of the Historic Commission verifying that the Historic Commission has found the requested action to be appropriate to the general character of the Historic Overlay District and that the requested action may be taken subject to applicable building and zoning codes.

(Code 1976, § 18.20.130)

Channel means a natural or artificial watercourse with definite bed and banks to confine and conduct the normal flow of water.

(Code 1976, § 18.20.140)

Private (nonprofit) club or lodge means a nonprofit association of persons who are bona fide members which owns, hires, or leases a building, or portion thereof; the use of such premises being restricted to members and their guests. The affairs and management of such private club or lodge are conducted by a board of directors, executive committee, or similar body chosen by the members.

(Code 1976, § 18.20.150)

Community living arrangement means any of the following facilities licensed or operated or permitted under the authority of the State Department of Health and Social Services: child welfare agencies under Wis. Stats. § 48.60, group homes for children under Wis. Stats. § 48.02(7) and community-based residential facilities under Wis. Stats. § 50.01, but does not include adult family homes, as defined in Wis. Stats. § 50.01, day care centers, nursing homes, general hospitals, special hospitals, prisons and jails.

(Code 1976, § 18.20.160)

Compatible means:

(1)

Having harmony in design and/or appearance between two or more attributes of a structure;

(2)

Having harmony in design and/or appearance between two or more structures;

(3)

Having harmony in design and/or appearance between two or more attributes of a neighborhood;

(4)

Having harmony in use or function between two or more attributes of a neighborhood or area.

Conditional use means a use which, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided for in this article, of the impact of such use upon neighboring land and of the public need for the particular use at a particular location, such conditional use may or may not be granted.

(Code 1976, § 18.20.170)

Convalescent home or nursing home means a home for the aged, infirmed, chronically ill, or incurable persons in which person, not restricted to members of the immediate family of the home operators, are received, kept or provided with food, shelter, and care for compensation.

(Code 1976, § 18.20.180)

For a definition of the term "corner lot," see Lot, corner.

(Code 1976, § 18.20.190)

Court means an area planned to accommodate mobile homes and their accompanying facilities.

(Code 1976, § 18.20.200; Ord. No. 80-208, § l(part), 1981)

Day care center means a facility licensed by the state that provides care, education or supervision for four or more children under the age of seven for less than 24 hours a day.

(Code 1976, § 18.20.210)

Demolition means any act of razing, destruction or ruination of all or any part of an improvement.

(Code 1976, § 18.20.220)

Development means any manmade change to improved or unimproved real estate, including, but not limited to, construction of or additions to or, substantial improvements to buildings, other structures, or accessory uses, the placement of mobile homes, mining, dredging, filling, grading, paving, excavation or drilling operations, deposition of materials.

(Code 1976, § 18.20.230)

Drainage greenbelt means a normally dry valley which is subject to intermittent storm runoff.

(Code 1976, § 18.20.240)

Drainage system means one or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.

(Code 1976, § 18.20.245)

Drainageway means a public owned and maintained valley for the purpose of conducting surface drainage; the bottom of a greenbelt.

(Code 1976, § 18.20.250)

Drive-in establishment means a place of business being operated for the sale and purchase at retail of food and other goods, services or entertainment, which is laid out and equipped so as to allow its patrons to be served or accommodated while remaining in their motor vehicles, or which allows the consumption of food or beverage in motor vehicles on the premises. Such business may also allow consumption of food or beverage on the premises and outside any completely enclosed structures if provided for in the conditional use permit. The term "drive-in establishment" includes, but is not limited to, car washes, drive-in restaurants, drive-in banks and drive-in theaters.

(Code 1976, § 18.20.260)

Dwelling means a building or portion thereof used primarily for human habitation including single-family, two-family and multiple-family dwellings, but not including hotels, motels, or lodginghouses.

(Code 1976, § 18.20.270)

Dwelling unit means a unit consisting of one or more rooms containing cooking, sleeping and sanitary facilities and which are arranged, designed, or used as living quarters for one family only. Cooking facilities shall consist of a minimum of a sink equipped that is connected to public potable water and sanitary sewer facilities, a stove or oven that has been designed and approved for interior use and a source of refrigeration that has been designed and approved for interior use and both of which are intended for the preparation and preservation of food for human consumption. Sanitary facilities shall consist of a minimum of a toilet, sink and shower or bathtub that are all connected to public potable water and sanitary sewer facilities.

(Code 1976, § 18.20.280)

Emergency service means a service rendered to a customer that is unusual due to some type of urgent situation involving a motor vehicle and which requires services performed outside the building, but in no case takes more than 24 hours to complete.

(Code 1976, § 18.20.290)

Encroachment means any fill, structure, building, accessory use, or development in the floodway.

(Code 1976, § 18.20.300)

Encroachment/floodway lines means limits of obstruction to flood flows. These lines are on both sides of and generally parallel to the stream. The lines are established by assuming that the area landward (outside) of the encroachment lines will be ultimately developed in such a way that it will not be available to convey flood flows.

(Code 1976, § 18.20.310)

Equal degree of hydraulic encroachment means the effect of any encroachment into the floodway must be computed by assuming an equal degree of hydraulic encroachment on the other side of a river or stream for a significant hydraulic reach. This computation ensures that property owners up, down or across the river or stream will have the same rights of hydraulic encroachment. Encroachments are analyzed on the basis of the effect upon hydraulic conveyance, not upon the distance the encroachment extends into the floodway.

(Code 1976, § 18.20.320)

Exercise studio means a facility for providing weight loss, physical fitness instruction, aerobics and related programs with or without the use of exercise equipment on the premises. An exercise studio shall not include activities such as basketball, tennis courts, racquetball courts or swimming pools. All activities shall be conducted indoors.

(Code 1976, § 18.20.325)

Family means an individual or two or more persons related by blood, marriage, or legal adoption living as a single housekeeping unit in a dwelling unit, including foster children, domestic servants, and not more than four roomers.

(Code 1976, § 18.20.340)

Family day care home means a dwelling licensed as a day care center by the Department of Health and Social Services where care is provided for not more than eight children.

(Code 1976, § 18.20.345)

Fenestration means the design and placement of windows in a building.

(Code 1976, § 18.20.350)

Flood or flooding means a general and temporary condition of partial or complete inundation of normal dryland areas caused by one of the following conditions:

(1)

The overflow or rise of inland waters;

(2)

The rapid accumulation or runoff of surface waters from any source;

(3)

The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.

(Code 1976, § 18.20.360)

Flood fringe means that portion of the floodplain outside of the floodway, which is covered by floodwater during the regional flood; it is generally associated with standing water rather than rapidly flowing water.

(Code 1976, § 18.20.370)

Flood hazard boundary map means a map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a flood insurance study and a flood insurance rate map.

(Code 1976, § 18.20.380)

Flood insurance rate map (FIRM) means a map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency.

(Code 1976, § 18.20.385)

Flood insurance study (FIS) a technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood insurance rate maps that accompany the flood insurance study form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program.

(Code 1976, § 18.20.390)

Floodplain means the land which has been or may be hereafter covered by floodwater during the regional flood. The floodplain includes the floodway and the flood fringe, and may include other designated floodplain areas for regulatory purposes.

(Code 1976, § 18.20.400)

Flood profile means a graph or a longitudinal profile showing the relationship of the water surface elevation of a flood event to locations along a stream or river.

(Code 1976, § 18.20.410)

Floodproofing means any combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the purpose of reducing or eliminating flood damage to properties, water and sanitary facilities, structures and contents of buildings in flood hazard areas.

(Code 1976, § 18.20.420)

Flood protection elevation means an elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. Also see Freeboard.

(Code 1976, § 18.20.430)

Floodway means the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry and discharge the floodwater or flood flows associated with the regional flood.

(Code 1976, § 18.20.440)

Freeboard means a factor of safety usually expressed in terms of a certain amount of feet above a calculated flood level. Freeboard compensates for the many unknown factors that contribute to flood heights greater than the height calculated. These unknown factors include, but are not limited to, ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of urbanization on the hydrology of the watershed, loss of flood storage areas due to development and aggradation of the river or stream bed.

(Code 1976, § 18.20.450)

Frontage means that portion of a lot abutting a public street or, in a planned unit development, abutting a private street.

(Code 1976, § 18.20.460)

Garage means a building or portion thereof that is greater than 120 square feet in area and in which a motor vehicle containing gasoline, distillate, or other volatile flammable liquid in its tank may or may not be stored, prepared, or kept. A garage may also allow storage of other vehicles (including electric vehicles), tools, gardening equipment, or other vehicle or equipment that includes gasoline or other volatile flammable liquid in its tank.

(Code 1976, § 18.20.465)

Attached garage shall mean a garage which meets or exceeds one or more of the following:

(1)

Attached directly to the principal building.

(2)

Attached to the principal building by means of an enclosed or open breezeway, porch, terrace, or vestibule, constructed so as to form an integral part of the principal building.

(3)

Constructed in the basement of the principal building.

(4)

Situated less than five feet from any point of the principal building and/or attached deck.

(5)

Situated so that any portion of any garage wall lies on or in front of an imaginary line extending across the lot (said line being five feet in back of and parallel to the closest rear wall of the principal building or attached deck), and at least one garage wall is less than ten feet from any other wall of the principal structure.

(Code 1976, § 18.20.466)

Detached garage means a garage entirely separated from the principal building and which meets or exceeds one or more of the following:

(1)

Situated so that any portion of any garage wall lies on or to the rear of an imaginary line extending across the lot (said line being five feet in back of and parallel to the closest rear wall of the principal building or attached deck) and all other garage walls are ten feet (or five feet if a firewall is provided in accordance with the Wisconsin Uniform Dwelling Code) or more from any other wall of the principal building.

(2)

Situated so that any portion of any garage wall lies on or in front of an imaginary line extending across the lot (said line being five feet in back of and parallel to the closest rear wall of the principal building or attached deck) and all other garage walls are ten feet (or five feet if a firewall is provided in accordance with the Wisconsin Uniform Dwelling Code) or more from any other wall of the principal building.

(Code 1976, § 18.20.467)

Gasoline dispensing station means a station dispensing gasoline and related automotive products.

(Code 1976, § 18.20.470)

Gasoline service station means a station dispensing gasoline and related automotive products and, in addition, providing auto servicing and repairs in a service bay.

(Code 1976, § 18.20.480)

Green area means that part of a parcel or lot that is permanently devoted to grass, trees, shrubs and similar natural aesthetic plantings.

(Code 1976, § 18.20.490)

Health club means a facility for providing fitness and recreational activities on-site, which may include, but is not limited to, basketball, tennis and racquetball courts, swimming pools, aerobics, weightlifting, bodybuilding and other similarly related activities.

(Code 1976, § 18.20.495)

Height refers to the height of a building and is measured from the ground level at the entrance to the building to the highest point of the roof.

(Code 1976, § 18.20.500)

Historic Overlay District means an area designated by the City Council which contains one or more improvements or historic structures (also referred to as Historic District).

(Code 1976, § 18.20.510)

Historic structure means any improvement which has historic significance as described in the intent and purpose of this article.

(Code 1976, § 18.20.520)

Hotel means a building containing a group of rooms for sleeping accommodations with bathroom and closet space and designed for use by transient tourists or temporary residents.

(Code 1976, § 18.20.530)

Hydraulic reach means that portion of the river or stream extending from one significant change in the hydraulic character of the river or stream to the next significant change. These changes are usually associated with breaks in the slope of the water surface profile, and may be caused by bridges, dams, expansion and contraction of the water flow, and changes in stream bed slope or vegetation.

(Code 1976, § 18.20.540)

Improvement means any building, erection, structure or appurtenance within an historic district and shall include, but is not limited to, the following: wall, fence, steps, paving, gate, sign, light, general arrangement of place or area, the kind of texture or quality of building material, landscaping or landscape architecture, or work of art which may be erected upon or proposed to be erected upon any specific real estate.

(Code 1976, § 18.20.550)

Animal kennel means any premises, or portion thereof, where dogs, cats and other household pets are maintained, boarded, bred, or cared for, in return for remuneration, or kept for the purpose of sale.

(Code 1976, § 18.20.560)

Living area means the gross floor area of living space within the principal building, excluding porches, decks, breezeways, garages, and basements, regardless of whether or not these areas are finished.

(Code 1976, § 18.20.565)

Lodging or boarding room means a room within a dwelling unit that is rented as a sleeping and living quarters, but without separate kitchen facilities and with or without an individual bathroom.

(Code 1976, § 18.20.570)

Lodginghouse, roominghouse or boardinghouse means a dwelling unit in which the owner or principal resident provides rooming, boarding or lodging rooms to more than four occupants but fewer than 11 occupants, exclusive of the principal resident or residents of the dwelling unit as such are defined by Section 42-161 Family. Said occupants of a rooming, boarding or lodging house may or may not have access to common kitchen facilities or be provided with common meals with the primary occupant of the dwelling unit in which the rooming, boarding or lodging room is located.

(Code 1976, § 18.20.571)

Lot means a parcel of land recorded for the purpose of transferring ownership.

(Code 1976, § 18.20.580)

Lot area means the area of a horizontal plane bounded by the front, side and rear lot lines.

(Code 1976, § 18.20.590)

Corner lot means a lot that has at least two adjacent sides that abut for their full lengths upon a street provided that the interior angle at the intersection of such two sides is less than 150 degrees.

(Code 1976, § 18.20.600)

Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.

(Code 1976, § 18.20.610)

Through, lot, means a lot having a pair of opposite lot lines along two more or less parallel public streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.

(Code 1976, § 18.20.620)

Manufactured home means any of the following:

(1)

A structure that is designed to be used as a dwelling with or without a permanent foundation and that is certified by the Federal Department of Housing and Urban Development as complying with the standards established under 42 USC 5401 to 5425.

(2)

A mobile home, unless a mobile home is specifically excluded under the applicable statute.

(Code 1976, § 18.20.622)

Microbrewery means a place of business licensed by the State of Wisconsin to operate as a brewery and operated for the production of not more than 60,000 barrels of fermented malt beverages annually and the sale of said beverages for on-site consumption or in sealed containers for consumption off-site.

(Code 1976, § 18.20.624)

Migrant labor contractor means any person, who, for a fee or other consideration, on behalf of another person, recruits, solicits, hires, or furnishes migrant workers, excluding members of the contractor's immediate family, for employment in the State of Wisconsin. The term "migrant labor contractor" shall not include an employer or any full-time regular employees of an employer who engages in any such activity for the purpose of supplying workers solely for the employer's own operation.

(Ord. No. 2019-769, § II(18.20.626), 10-14-2019)

Migrant labor housing means the site and all structures maintained as living quarters by, for or under the control and supervision of any person for:

(1)

Any migrant worker; or

(2)

Any other person who is not related by blood, marriage, or adoption to his or her employer and who occasionally or habitually leaves an established place of residence to travel to another locality to accept seasonal employment in the planting, cultivating, raising, harvesting, handling, drying, packing, packaging, processing, freezing, grading, or storing of any agricultural or horticultural commodity in its unmanufactured state.

(Ord. No. 2019-769, § II(18.20.627), 10-14-2019)

Migrant worker means any person who temporarily leaves a principal place of residence outside of this state and comes to the State of Wisconsin for not more than ten months in a year to accept seasonal employment in the planting, cultivating, raising, harvesting, handling, drying, packing, packaging, processing, freezing, grading, or storing of any agricultural or horticultural commodity in its unmanufactured state.

(Ord. No. 2019-769, § II(18.20.628), 10-14-2019)

Mini-warehouse means a building containing separate storage spaces of varying sizes leased or rented for the storage of customers' goods.

(Code 1976, § 18.20.625; Ord. No. 2019-769, § I(18.20.629), 10-14-2019)

Mobile home means a transportable, factory built home, designed to be used as a year-round residential dwelling and which:

(1)

Was built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976; and/or

(2)

Regardless of when built, is not in conformance with said Act.

(Code 1976, § 18.20.630)

Mobile home court means an area planned to accommodate a group of mobile and/or manufactured homes and their accompanying facilities.

(Code 1976, § 18.20.640)

Mobile home lot means a lot within a mobile home court designated for the exclusive use of a single mobile or manufactured home.

(Code 1976, § 18.20.650)

Mobile home stand means that part of a mobile home lot which has been reserved and designed to support and anchor a mobile home with appurtenant structures or additions to the mobile home.

(Code 1976, § 18.20.660)

Motel means a building or buildings consisting of a group of rooms for sleeping accommodations with bathroom and closet space and designed for use by transient tourists.

(Code 1976, § 18.20.670)

For a definition of the term "motor inn," see Motel.

(Code 1976, § 18.20.680)

Navigable waters means all lakes, streams, ponds, sloughs, flowages and other waters which are navigable under the laws of the state. Under Wis. Stats. § 144.26(2)(d), notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under Wis. Stats. § 62.231, and NR 117, Wis. Admin. Code, do not apply to lands adjacent to farm drainage ditches if;

(1)

Such lands are not adjacent to a natural navigable stream or river;

(2)

Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and

(3)

Such lands are maintained in nonstructural agricultural use.

(Code 1976, § 18.20.685)

Nonconforming structure means an existing lawful structure or building which is not in conformity with the dimensional or structural requirements or other standards of this chapter.

(Code 1976, § 18.20.689)

Nonconforming use means any use of land, buildings, or structures which does not comply with all the regulations of this article or of any amendment hereto governing use for the zoning district in which such use is located.

(Code 1976, § 18.20.690)

For a definition of the term "nursery school," see Day care center.

(Code 1976, § 18.20.700)

For a definition of the term "nursing home," see Convalescent home ornursing home.

(Code 1976, § 18.20.710)

Official floodplain zoning map means that map, adopted and made part of the Floodplain Overlay District, as described in Section 42-478(b), which has been approved by the Department of Natural Resources and FEMA.

(Code 1976, § 18.20.719)

Official letter of map amendment means official notification from the Federal Insurance Administration Office of FEMA that a flood hazard boundary map or flood insurance study map has been amended. This official letter does not amend the floodplain zoning map for regulation purposes.

(Code 1976, § 18.20.720)

Open space means that part of a parcel or lot which is open to the sky and which is unoccupied by buildings, or structures. However, swimming pools, tennis courts, or similar recreational facilities and walks, off-street parking spaces or other similar uses are permitted in required open space.

(Code 1976, § 18.20.730)

Open storage lot means an unroofed area upon which are kept any goods, materials, merchandise, product, vehicles and other items.

(Code 1976, § 18.20.733)

Ordinary high water mark means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance or aquatic vegetation, or other easily recognized characteristic.

(Code 1976, § 18.20.740)

Outdoor cafe means a place of business or an accessory business activity being operated for the sale and purchase at retail of food, refreshments or beverages which is laid out to allow its patrons to be served on the premises and outside any completely enclosed structure. The term "outdoor cafe" shall not include drive-in establishment.

(Code 1976, § 18.20.742)

Person means any individual, firm, trust, partnership, association or corporation.

(Code 1976, § 18.20.750)

Planned unit development (PUD) means a parcel of land having an area as required in the district regulations under common management and single ownership control or under condominium ownership pursuant to Wis. Stats. ch. 703 and which is the site for one or more buildings and where yard requirements as required by district regulations may be modified as regulated by this article.

(Code 1976, § 18.20.760)

Public view means any view from a street, site, way or building and shall include the visual perspective from any adjoining or abutting property to an Historic Overlay District or to an improvement within an Historic Overlay District.

(Code 1976, § 18.20.770)

For a definition of the term "reach, hydraulic," see Hydraulic reach.

(Code 1976, § 18.20.780)

Regional flood means a flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one-percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE.

(Code 1976, § 18.20.790)

Residential shelter care facility means a dwelling unit in which short-term occupancy (not exceeding 60 days) may be provided as a service to multiple related or unrelated individuals in need of emergency shelter, sustenance and other support services. Such facilities shall be run as not-for-profit operations. They are intended to principally serve clients, including, but not limited to, the homeless, persons seeking immediate refuge from violence or abuse, persons rendered shelterless by natural disasters or calamity or other persons that by some atypical circumstance have been displaced from their normal or permanent residence. Residential shelter care facilities are not intended to provide transitional housing or accommodate licensed communal living arrangements, including, but not limited to, group homes, foster homes or community based residential facilities.

(Code 1976, § 18.20.793)

Roadside stand means a temporary structure which is not permanently affixed to the ground, is readily removable in its entirety, and is used solely for the display or sale of farm products, or Christmas trees.

(Code 1976, § 18.20.800)

Screening means a hedge, wall or fence that provides a visual separator and physical barrier from abutting property.

(Code 1976, § 18.20.810)

Seasonal merchandise means merchandise which is sold only part of the year during one of the four seasons; winter, spring, summer, or fall. The term "seasonal merchandise" shall include firewood, Christmas trees, fruits and vegetables, soda, outdoor plants, topsoil, garden fertilizer, ornamental stone, charcoal, mulch, lawnmowers, rototillers, bicycles, wading pools, lawn furniture and other similar items. Seasonal merchandise shall not include products such as package food or other packaged products, furniture, clothing or other similar merchandise or products permitted to be prepared and/or offered for sale under non-motorized vendor cart or motorized vendor truck regulations.

(Code 1976, § 18.20.815)

Service building, for travel trailer camps, means a building housing toilet and bathing facilities for men and women which may also include laundry and other facilities. The term "service building," for mobile home courts, means a building providing adequate space for storage of court grounds maintenance equipment.

(Code 1976, § 18.20.820)

Sheltered workshop means a building where supervised instruction and training in a work environment is provided to disabled or disadvantaged individuals. In addition, vocational and personal development services are provided. The work may include assembly, packaging and other related production or servicing activities.

(Code 1976, § 18.20.825)

Shorelands means lands within the following distances from the ordinary high water mark of navigable waters:

(1)

1,000 feet from a lake, pond or flowage; or

(2)

300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.

(Code 1976, § 18.20.828)

Single-family dwelling means a detached building designed for and occupied exclusively by one family. The term "single-family dwelling" includes a manufactured home.

(Code 1976, § 18.20.829)

Site means any parcel of real estate whether improved or unimproved.

(Code 1976, § 18.20.830)

Special tent sale means a marketing activity where product not meeting the definition of "seasonal merchandise" may be displayed and/or offered for sale.

(Code 1976, § 18.20.835)

Storage capacity of a floodplain means the volume of space above an area of floodplain land that can be occupied by floodwater of a given stage at a given time, regardless of whether the water is moving.

(Code 1976, § 18.20.840)

Structural alteration means any change other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.

(Code 1976, § 18.20.850)

Structure means anything constructed or erected, the use of which requires a more or less permanent location or which is attached to something having a permanent location on or in the ground, a stream bed or lake bed.

(Code 1976, § 18.20.860)

Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the present equalized assessed value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. The term "substantial improvement" does not, however, include either:

(1)

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions; or

(2)

Any alteration of a structure or site documented as deserving preservation by the Wisconsin State Historical Society or listed on the National Register of Historic Places.

Ordinary maintenance repairs are not considered structural repairs, modifications, or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows, and other nonstructural components.

(Code 1976, § 18.20.870)

Temporary structure means a structure which is built of such materials and in such a way that it would commonly be expected to have a relatively short useful life, or is built for a purpose that would commonly be expected to be relatively short term.

(Code 1976, § 18.20.880)

For a definition of the term "through lot," see Lot, through.

(Code 1976, § 18.20.890)

Travel trailer means a vehicular portable structure designated as a temporary dwelling for travel, recreational, and vacation use. Such travel trailer does not exceed eight feet in width. The definition of the term "travel trailer" includes motor homes.

(Code 1976, § 18.20.900)

Travel trailer camp means any plot of ground which two or more travel trailers occupy for temporary dwelling regardless of whether or not a charge is made for such accommodations.

(Code 1976, § 18.20.910)

Use means the purpose or activity for which the land or building thereon is occupied or maintained.

(Code 1976, § 18.20.920)

For a definition of the term "use, conditional," see Conditional use.

(Code 1976, § 18.20.930)

Utilities means any public or private water supply, or waste collection and/or disposal system, including, but not limited to, septic systems, private and public wells, and their attendant facilities, and public sewage collection systems.

(Code 1976, § 18.20.940)

Wetlands means those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.

(Code 1976, § 18.20.950)

Wetland alteration means any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.

(Code 1976, § 18.20.960; Ord. No. 80-208, § l(part), 1981)